Unfitness to Plead Consultation Responses - Law Commission ...

After the making of a section 37 order it is the psychiatrists who will have to treat the
patient and it is they or the Mental Health Review Tribunal who will determine for how
long the patient is detained.
It is the fact that Judges and psychiatrists work satisfactorily together, making joint
decisions, every day of the week in the MHRT.
(4) If consultees do not agree that option 5 is the best option for reform,
would they agree with any other option?
[Paragraph 6.153]
See above.
(5) Should a jury be able to find that an unfit accused has done the act and
that there are no grounds for acquittal in relation to an act other than that
specifically charged?
[Paragraph 6.159]
Yes
(6) Are there circumstances in which an accused person who is found to
have done the act and in respect of whom there are no grounds for an
acquittal should be able to request remission for trial?
[Paragraph 7.26]
Yes
Suppose that the accused is indicted with D2 and D3 on 2 counts :
Ct 1- conspiracy to supply Class A, all 3 Defendants
Ct 2 – D1 alone, possession Class A with intent
The accused is found unfit for such a complicated trial.
The trial against D2 and D3 goes ahead and collapses.
D1 may have the capacity to fight a simple possession case and thereby avoid the
risk of a section 37 order.
(7) Should an accused who is found to be unfit to plead (or to lack decision making
capacity) be subject to the section 4A hearing in the same
proceedings as co-defendants who are being tried?
[Paragraph 7.44]
No